Feroleto Law, Buffalo NY

FOURTH DEPARTMENT HOLDS NO VIDEO ALLOWED FOR “NPE”

In Flores v. Vescera, (4th Dept. April 2013) the plaintiff appealed from a protective order that denied her demand to videotape a neuropsychological evaluation (NPE). The Curt held that there is no express statutory authority to videotape medical examinations and that videotaping has not been allowed in the absence of “special and unusual circumstances.” The Court cited  CPLR 3121 and 22 NYCRR 202.17.

The Court did however hold that the trial court properly determined that the defendant failed to make the requisite positive showing  of necessity for the exclusion of plaintiff”s counsel or other representative from attending the NPE by establishing that the presence of such an individual would impair the validity and effectiveness of the NPE.